Bill 4583

A BILL

TO AMEND SECTION 17-23-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF EVIDENCE CONCERNING BATTERED SPOUSE SYNDROME, SO AS TO PROVIDE THAT A DEFENDANT WHO INTENDS TO OFFER EVIDENCE OF BATTERED SPOUSE SYNDROME MUST FILE A WRITTEN REPORT OF THE TESTIMONY TO BE OFFERED BY AN EXPERT IN ADDITION TO FILING THE WRITTEN NOTICE OF THE INTENT TO OFFER THIS EVIDENCE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 17-23-170(E) of the 1976 Code is amended to read:

"(E) A defendant who proposes to offer evidence of the battered spouse syndrome shall file written notice and a written report of the testimony to be offered by the expert with the courtprosecution not less than ten days before trial."

SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.